Israel resorts to “unlicensed building” to implement its colonial plans in the occupied Palestinian territory
“The case of Jabal Al Bab community”

Jabal Al Baba, a Bedouin community located to the north of Al Ezariyah town in Jerusalem Governorate. The community has been the main target of the Israeli occupation Authorities since the beginning of 2016, where on the 16th of February 2016, residents of Jabal Al Baba community received military orders stating to halt the construction of their homes, all built in a primitive way[1], citing “unlicensed building” to evacuate this Palestinian community from its place. The land on which Jabal Al Baba community resides is classified as “C” area with regard to OSLO II interim agreement of 1995, where Israel retains full and extensive control, including over security, land zoning and planning. Table 1 gives details of the threatened families and their structures

Map 1: Location of the trageted Jabal Al Baba community 

Earlier in January 2016, the Israeli occupation Authorities demolished 6 other residential structures in Jabal Al Baba community under the same pretext. The demolished structures were donated by the European Union to the families in Jabal Al Baba community.  Affected owners were identified as Ali Abu Kaneifa, Suleiman Kayed Jahalin, Nayef Kayed Jahalin, Imteira Kayed Jahalin and Taleb Suleiman Jahalin. For more information, click here:

Why Israel is targeting Jabal Al Bab community

Israel resorts to “unlicensed building” in order to solve the issues that constitute an obstacle in the way of implementing its colonial plans in the occupied Palestinian territory; and that is the case with Jabal Baba community. It is threatened of demolition and evacuation due to its location in an area designated by Israel for “Future settlement development”. In the late nineties, the Israeli Government announced about its intention to expand the Ma’ale Adumim settlement towards the west. The expansion plan was referred to as the “E1 Plan”[2]. It includes the building of 3910 housing units west of Ma'ale Adumim settlement in addition to the building of 2152 hotel rooms, an industrial zone and a Police Station[3]. It is worth mentioning that the implementation of the E1 plan comes on 13214 dunums of previously confiscated Palestinian lands in East Jerusalem which belong to Al 'Issawiya, At Tur, Al 'Ezariyeh, Abu Dis and 'Anata communities. See Table 2

The E1 plan[4], if implemented, will impose a geographical de facto on the ground for the sake of Israeli settlements, that is to link the Ma'ale Adumim settlement bloc east Jerusalem and the Israeli settlements in the eastern part of the West Bank[5] with those inside Jerusalem and inside Israel (within the 1949 border). At the same time, it will cut off the Palestinian geographical contiguity in the area and surround the city of Jerusalem with a belt of settlements that will lead to the complete isolation of the city of Jerusalem city from its surroundings.

Additionally, the latest revised route of the Israeli segregation wall published on the so-called Israeli “ministry of defense website” in April 2007 showed that the area where Jabal Al Bab community resides, will be isolated inside the wall, and separated from the rest of Al Ezariyah town land. The wall plan in this area shows that Israel plans to annex the Ma’ale Adumim bloc of settlements to Israel’s proper with no regard to the Palestinian Bedouin communities living in the area; therefore, Israel has been targeting the community of Jabal Al Baba and other Bedouin communities in that area to make way for its future segregation plans.

To sum,

The “unlicensed building” pretext has never been the issue for Israel to deal with, but Israel targets and continues to target Palestinian communities that stands in the way of implementing its colonial and expansionist plans in the occupied Palestinian territory and this is the case of Jabal Al Baba community.

Israel’s demolition campaign is considered a violation of International laws and human conventions. Article 53 of the fourth Geneva convention prohibits 'any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.' 

The Hague Regulations of 1907, Article 23 of which prohibits the destruction or seizure of occupied property, unless it is imperatively demanded by military necessity.   

United Nations Security Council Resolution 452 (1979) which calls upon 'the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem.'  

United Nations Security Council Resolution 465 (1980) which 'Determines that all measures taken by Israel to change the physical character, demographic composition, institutional structure of status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel's policy and practices of setting parts of its population and new Immigrants in those territories constitute a flagrant violation of the fourth Geneva convention relative to the protection of civilian persons in time of war and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East.

[1] Their homes were built using metal slabs, cloths and wooden poles
[2] Plan No. 420/4/7 and plan No. 420/10/7
[3] Israel inaugurated the Police station in the Ma'ale Adumim area in 2008, plan No. 420/4/9.
[4] planned to be built between Ma'ale Adumim settlement bloc (east of Jerusalem) and the city of Jerusalem
[5] Israeli settlements in the eastern Segregation Zone – The Jordan Valley area

Prepared by:
The Applied Research Institute – Jerusalem